THE HISTORIOGRAPHICAL INSTITUTE THE UNIVERSITY OF TOKYO

[IMAGE] [JP-#213-15]

#39
39. REFUTATION BY YO-ICHI, c. 1279
(A copy in Terao docs.; also KK, Ⅷ.)
THE following two documents are undated, but presumably are of 1279.
"Taira no Tameshige¹ respectfully replies
"That his step-mother Myo-Ren and her son Iya-shiro Shigemichi cannot escape the
penalty for their guilt, since they, disregarding the late father Jo-Butsu's autographic
letter of devise, falsely charged that [Tameshige] had been repudiated [by his
father]; and since, while causing a letter of summons for an appointed day to be
issued to Tameshige at his abode in Satsuma, Shigemichi, after twelve days, secured
by false pretense the [Sho-gun's] order investing him [with the holdings that be-
long to Tameshige].
"The letter of accusation by the aforesaid stated that Shigekazu, *this being Tame-
shige's former name,* the unfilial child repudiated by his father Jo-Butsu that he was,
had attmpted outrageously evil acts, fled Shibuya and went to Zhitcho North mura,
Mimasaka kuni, committing [further] outranges, and again fled to To-no-haram Sat-
suma, where he attempted evil acts, and would not respond to the [sho-gun's] sum-
mons; *etc. Only the chief points are given.* This is a surprising charge. Tameshige
is not at all a repudiated child. Owing to his step-mother Myo-Ren's slander, he once
was somewhat under Jo-Butsu's suspicion; but as Tameshige served in the household
of Lord Musashi nyu-do,² the latter, hearing that Tameshige was blameless, sent
Kishima U-emon nyu-do Do-Gaku as envoy to Jo-Butsu; and, in accordance with the
[lord's] wish conveyed by the envoy, Tameshige was pardoned,and was thereafter
undisturbed. This is fact well known to all his relatives and fellows (bo-hai). Conse-
quently, Tameshige held, according to Jo-Butsu's autographic letter of devise, the
homestead at Shibuya and other domains; and Myo-Ren and the other cannot escape
penalty for their guilt of having seized the homestead at Shibuya when Tameshige
went down to his domain in Mimasaka. As Tameshige was on the point of reporting
the matter,³ they with an evil intent prevented him by entering arbitrary charges
[against him]. *This is the first [point].
"[It is accused that] Tameshige did not respond to the summons. During the several
months that Tameshige passed at his domains in Mimasaka, Myo-Ren dared not say
aught, but when he went to his domain in Satsuma, she caused [the sho-gun's] sum-
P163
moning order to be given to his helpless wife. Since women never take part in politial
affairs, she replied [and suggested] that the order be addressed to the principal party
(sho-in), Tameshige. Once the order was sent to Satsuma, [Tameshige] at once
hastened hither in response to the summons. That he did not disobey may well be
seen. *This is the second [point].*
"Next, [the accusation said that] for such ordinary crimes as night-attacks, robbery,
dacoity, and piracy, penalties were well defined, but Tameshige's attmpts were un-
paralleled wickedness; etc. This is a disconcerting charge. As has been said above,
since Tameshige held [his domains] in accordance with his late father Jo-Butsu's
autographic letter of devise, why should he commit outrages? And yet falsely to
accuse him of being guilty of offenses exceeding the six classes of felonies,⁴ is an un-
speakable event. The six classes of felons are enemies of the state and foes of men, and
[these crimes] are prohibited by the civil law and forewarned by the feudal justice.⁵The names of the offenses enumereted in the letter of accusation are patent.⁶ Abusive
calumny⁷ also is under ban in this enlightened age, as is clear from instances before
our eyes. Now, for Kgeyasu, as agent for Shigemichi and others, to use, as he did,
abusive language in reference to the chief heir⁸ Tameshige, is an unheard-of conduct.
The one was Shigemichi's agent; the other, the right chief heir. Even an ordinary
calumny is no light offense; how much more serious must be a false abuse? It is peti-
tioned that immediately [Kageyasu receive] sanction prescribed by law.⁷ *This is the
third [point].*
"What is called the order of summons that has been handed down⁹ along with the
letter of accusation is dated Ko-an 1st year 5th month 19th day [10 June 1278];¹⁰what is called [the order of] investiture¹¹ and presented [by Myo-Ren] is dated th
e same year 6th month 3rd day [24 June 1278]. The interval was only twelve days.¹²When Myo-Ren and the other made the false accusation that Tameshige had com-
mitted outrageous acts, and thereby [succeeded] in having order of summons
handed down, it would be expected that a judgment would be made only after accusa-
tion and refutations had been matched with each other. Whereas the journey on land
and sea between the Kwanto¹³ and Satsuma is not easy and requires several months,
for Myo-Ren to aver that in twelve days after the handing down of the summons she
was granted a letter of investiture, and to present it, is an inconceivable act. If an
investiture could be granted without examination, why was a summons issued? If the
results of a summons were to be awaited, how could an investiture be applied for in
[only] more than ten days? Apparently she fabricated the lying accusation against
Tameshige, and before its examination secured an investiture by false pretense. Why
should not such an act of wicked duplicity be chastized? Official sanction is, therefore,
respectfully petitioned for. *This is the fourth [point].*
"Jo-Butsu has left the statement that his letters of devise would all be autographic.
If the letters of devise held by Myo-Ren and the other be called forth, [Tameshige]
would have a statement to make. *This is the fifth [point].*
"Again, the letter of accusation said that Tameshige should be punished capitally;¹⁴etc. Capital punishments are decapotation and other [forms of death penalty], which
are inflicted as the extreme measure under the penal law. It is disconcerting for Tame-
shige, who held [his domains] in virtue of Jo-Butsu's autographic letter of devise, to
P164
be wantonly seized of his homestead at Shibuya during his absence, and moreover to
be made the object of an application for a capital punishment.
"Briefly, it is hereby petitioned that, as regards calumny, inasmuch as the proof is
clear, [the offender] be punished according to the established law; that, as for the
error in [the issue of] the order of investiture and for the doubt regarding the letters
of devise, these matters be each investigated; and that Tameshige be, in accordance
with the autographic letter of devise, granted a decision of investiture. For this peti-
tion, this brief statement is respectfully submitted."

^* ^* The parts here enclosed between the asterisks are written in small characters in the original.
¹That is, Yo-ichi, or, Shigekazu, now changed to Tameshige.
²Hojo Yoshimasa. See No. 26, n. 3. ³To bring a suit.
⁴By the six kinds of felony(roku-zoku) are probably meant: disturbance of peace by armed
bodies of men, murder, night-attack, robbery, dacoity, and piracy, which are mentioned in the Jo-ei
shiki-moku (art. 3), as the crimes the suppression of which was among the shu-go's chief duties.
⁵Shiki-moku. ⁶That is, as among the six classes of felonies.
⁷Article 12 of the Jo-ei shiki-moku says:-"Of the offense of using abusive language:-Quarrels
and murders have their origin in abusive language. In grave cases, the offender shall be sent into
exile; in minor cases, ordered into confinement. If during the course of a judicious hearing, one of
the parties give vent to abuse or insults, the place in dispute shall be decided in favor of the other
party. If the other party, however, has not right on his side, some other domain [of the offender]
shall be confiscated. If he has no domain, he shall be punished by being sent into exile."
⁸Tameshige claims to be Jo-Butsu's chief heir(chaku-shi).
⁹In the repeated process of charges and answers that the parties to a suit made in the judicial
procedure of this period, as described in No. 16, the statement and the supporting documents pre-
sented by one party were shown to the other fo examination.
¹⁰See No. 37, n. 1. ¹¹An-do. See No. 12, n. 15.
¹²A wrong arithmetic. ¹³Here, Kamakura is meant in effect.
¹⁴Dan-zai.